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Visa Loopholes in 60 Day Immigration Suspension | Chicago Immigration Attorney Mario Godoy

Visa Loopholes in 60 Day Immigration Suspension

The federal government has temporarily suspended all immigration to protect American jobs and help the US economy recover. Effect April 23, 2020, until May 3, 2020, President Trump issued an executive order that suspends immigration and Green Cards for 60 days; and is subject to an extension. The final proclamation does not include the original plan to also suspend all guest worker programs, and instead includes some visa loopholes to the 60-day immigration suspension, including:

• overseas spouses and young children of American citizens

• guest workers

• temporary visa applicants

• immigrant investors

• military members and their spouses and children

• Iraqis and Afghans who assist military operations

Guest Worker Visas

Guest worker visas are for foreign worker “nonimmigrants” with specific skills and knowledge needed by American businesses and industries. The guest worker visa program allows foreign workers to temporarily reside and work in the United States to perform specific work function for a defined period of time. Business groups such as the Information Technology Industry Council vehemently protested when they learned of the Trump administration’s original plan to block all guest worker visas. Guest worker visas include:

• Technology Workers
Skilled, educated foreign workers bring knowledge and expertise to American technology companies that cannot hire the needed skills

• Health Care Workers
Healthcare professionals are often in demand by hospitals and other health care industries; the COVID-19 crisis needs foreign health care workers, medical researchers and others to help manage and combat the health crisis.

• Farm Laborers
Farm laborer guest workers are critical to secure the American food supply. Often the work is harder and pay is lower than most Americans are willing to accept, and migrant workers provide vital labor for the food industry.

• Students

Over 590,000 temporary guest worker H1B, H2A, H2B, and H4 foreign workers were issued in 2018.

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